Kalap Ram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.5441 of 2015 Kalap Ram, S/o Shri Nakul Kanwar, aged about 20 years, R/o Village Saliyabhatha, Police Station Raigarh, Tahsil & District Raigarh (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Bhupdeopur, District Raigarh (C.G.) ---- Non-applicant For Applicant:

Mr. Ajeet Kumar Yadav, Advocate.

For Non-applicant:

Mr. Arvind Shukla, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 12/10/2015

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.200/2014, registered at Police Station Bhupdeopur, Distt. Raigarh, for the offence punishable under Section 354D of the IPC.

2. Case of the prosecution, in brief, is that on 9-10-2014, the applicant followed the minor complainant to foster personal interaction repeatedly despite a clear indication of disinterest by her and thereby committed the offence.

3. Learned counsel for the applicant submits that the applicant has not committed any offence, he has been falsely implicated in the crime, he is in jail since 13-4-2015, charge-sheet has been filed and no further custodial interrogation of the applicant is required.

4. On the other hand, learned State counsel opposes the application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, pretrial detention of the applicant, role of the

applicant, charge-sheet has been filed, no custodial interrogation of the applicant is required and he is in custody from last about six months, I am of the view that it is a fit case to grant regular bail to the applicant. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma